General Law Committee

JOINT FAVORABLE REPORT

Bill No.:

SB-193

Title:

AN ACT CONCERNING REVISIONS TO DEPARTMENT OF CONSUMER PROTECTION STATUTES.

Vote Date:

3/15/2018

Vote Action:

Joint Favorable Substitute

PH Date:

2/27/2018

File No.:

Disclaimer: The following Joint Favorable Report is prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and does not represent the intent of the General Assembly or either chamber thereof for any purpose.

SPONSORS OF BILL:

Introduced by General Law Committee.

REASONS FOR BILL:

Proposed substitute bill S.B. 193 LCO #2700 strikes out the provision allowing for mobile fueling businesses to operate in Connecticut, and additionally makes some technical changes to the bill. The intent of the substitute bill is still to loosen restrictions on business and to enhance DCP's enforcement authority.

Proposed bill S.B. No. 193 primary function is to loosen restrictions on businesses and to enhance DCP's enforcement authority, through making specific revisions to Department of Consumer Protection statutes. The original proposed bill had a section allowing mobile fueling businesses to operate in Connecticut.

RESPONSE FROM ADMINISTRATION/AGENCY:

Michelle Seagull (Commissioner) Department of Consumer Protection:

Commissioner Seagull outlined the revisions that this bill would make to Department of Consumer Protection statutes. The first section of bill would allow mobile fueling business to operate in Connecticut. Section 2 would allow DCP to impose civil penalties to be imposed in certain instances at food facilities. Section 3 would allow liquor permittees to placard, for purposes of entertainment, anytime during the permit. Sections 4 and 5 would amend sections of CGS so that if individuals or entities fail to respond to complaints after more than 15 days, DCP will have the ability to issue infractions and a fine up to $250. Lastly, DCP allowed for the right of cancellation on consumer contracts or consumer leases for personal emergency response systems.

Melody A. Currey (Commissioner) Department of Administrative Services:

Commissioner Currey stated the agency worked with Department of Consumer protection to clarify existing licensing, and the expansion activities in section 1 would comply with CT Fire Prevention and Fire Code Requirements. This portion of the bill regarding mobile gas delivery services was later removed in the substitute language.

Judicial Branch External Affairs Division:

The Judicial Branch took the opportunity to comment on section 4 subsections (d) of the bill, stating that it would be necessary to modify the language of this section.

NATURE AND SOURCES OF SUPPORT:

Roy Merritt, Jr. (Chairman of Legislative Affairs Committee) Connecticut Society of Civil Engineers:

Mr. Merritt stated in his testimony that the Connecticut Society of Civil Engineers is supportive of this legislation because one of the revisions clarifies that individual members of limited liability companies or owners of corporations practicing professional engineering or land surveying services are not required to be individually licensed.

NATURE AND SOURCES OF OPPOSITION:

Robert Dahn, Reese Roberts, and Wayne Zirolli, Connecticut Association of Land Surveyors:

The Connecticut Association of Land Surveyors took issue with section 8 and 9 of the bill which would change ownership requirements. Removing the provision would open the door to allow companies to provide services which may be more in favor of private interest rather than public interest.

Shawn Driscoll and Steve Charron, Global Partners LP:

Global Partners LP testified in opposition to section 1 of this bill due to the safety concerns of allowing mobile gasoline dispensing services. They list safety-related measures that each gas station takes and ascertain that mobile fueling services would be unable to meet these basic safety requirements.

Roger Nelson, Connecticut Fire Marshalls Association:

Mr. Nelson expressed safety concerns over the mobile fueling portions of the bill. He stated that neither, The Connecticut State Fire Code or The Connecticut State Fire Prevention Code, have any standards in the code to safely regulate on demand mobile fuel dispensing.

Steven Guveyan (Executive Director) Connecticut Petroleum Council:

Mr. Guveyan expressed concern over section 1 of the bill and suggested that some changes be made. He stated that the National Fire Protection Association be responsible for regulating mobile re-fueling. Additionally, that there should be a level playing field between gasolines bought at a service station and mobile re-fueling purchases.

Reported by: Cody Clark (Assistant Clerk)

Date: 3/23/18